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Chapter:

188 PDFTitle:MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ORDINANCEGazette Number:
Section:14Heading:Admissibility of evidence given in a reciprocating countryVersion Date:30/06/1997

(1) A statement contained in a duly authenticated document which purports to-

        (a) set out or summarize evidence given in proceedings in a court in a reciprocating country; or
        (b) set out or summarize evidence taken in such a country for the purpose of proceedings in a court in Hong Kong under this Ordinance, whether in response to a request made by such court or otherwise; or
        (c) have been received in evidence in proceedings in a court in such a country or to be a copy of a document so received,
shall in any proceedings in a court in Hong Kong relating to a maintenance order to which this Ordinance applies be admissible as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings. (Amended 61 of 1981 s. 6)
(2) A document purporting to set out or summarize evidence given as mentioned in subsection (1)(a), or taken as mentioned in subsection (1)(b), shall be deemed to be duly authenticated for the purposes of subsection (1) if the document purports to be certified by the judge, magistrate or other person before whom the evidence was given, or, as the case may be, by whom it was taken, to be the original document containing or recording, or, as the case may be, summarizing, that evidence or a true copy of that document.
(3) A document purporting to have been received in evidence as mentioned in subsection (1)(c), or to be a copy of a document so received, shall be deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by a judge, magistrate or officer of the court in question to have been, or to be a true copy of a document which has been, so received.
(4) It shall not be necessary in any such proceedings to prove the signature or official position of the person appearing to have given such a certificate.
(5) Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.
[cf. 1972 c. 18 s. 13 U.K.]